J U L Y / A U G U S T 2 0 1 2 I S S U E N O . 2 6 3

Inside this issue….

Sexy Back? - see page 4

FALL SEMINAR—see page 14

TRIAL LAWYER OF

THE YEAR—page 6

Judge Bastian Receives Nichol

Award—page 7

Law School Times—see page 9

A View from the

Other side—see page 10

SDTLA CALENDAR OF EVENTS 2012

August 16 Board meeting and Mock Trial 11am CT USD Vermillion September 26 Board meeting, Deadwood Mountain Grand, 11 am MT September 27-28 Fall Seminar, Deadwood Mountain Grand October 18 Board Conference call, 11 am CT October TBA Meeting with Chief Justice October TBA USD 2L Mock Trial Competition, Vermillion November 16 Board Planning Retreat, Pierre, 10 am CT December 13 Board Conference call, 4 pm CT

2013

January 8 – March 8 SD Legislative Session

My dad was a trial lawyer in Aberdeen. When I was a kid (probably about nine years old), I asked my old man what kind of job he had. He explained to me that he was a “trial lawyer.” He went on to tell me that he met with clients, took depositions, and tried cases to juries. I asked him if he liked what he did for work. He said that he did and I will always remember what my dad told me when I asked him why. He said the thing he liked most was the opportunity to help people that really needed help. He said that people came to see him when they were having problems and that he was often able to fix the problems or make the situation better. He said this made him feel good. My dad closed his comments that day by explaining that there were not that many jobs out there that provided this kind of unique opportunity – the opportunity to really help oth-ers in need of help. That talk with my dad many years ago stuck with me. I can still see his expressions and the way he cocked his head when he talked with me that day. As I think about it today, I am reminded how fortunate we trial lawyers are because of the opportunity we have to help people in need of our help. When I look at the list of our past presi-dents, I realize that it is impossible to quantify how much these great men and women have helped their clients during the past 48 years. The same goes for you, our mem-bers. I know that each and every one of you has helped countless clients, friends, and family members when they needed it most. This is one of the things that makes our profession and this organization so special. I am honored to be the 49

th president of the South Dakota Trial Lawyers Association.

Many thanks go out to our 48th president, Roger Tellinghuisen, for his hard work and

dedication. Roger continues to do an exemplary job as our lobbyist in Pierre. I know first-hand how respected and liked Roger is in our state capital. Thank you, Roger, for everything you have done and continue to do for our organization. We are ex-tremely fortunate to have your strong voice in the halls and committee rooms in Pierre. Thanks for all your work as our 48

th president!

It is going to be a great year for the South Dakota Trial Lawyers Association! You will not want to miss the Fall Seminar set for September 27-28 at the Deadwood Mountain Grand Resort in Deadwood. It promises to be an excellent program with some excit-ing changes in store for those in attendance. I look forward to seeing you in the Black Hills in September. I hope you were able to attend the annual meeting in Rapid City last month. It was truly a special meeting. Congratulations again to the Honorable John Bastian; Stan Whiting; the Honorable Mark Smith; Ron Parsons; Linda Lea Viken; and John Black-burn. The awards those great people received were unquestionably well deserved. It felt especially good to be a trial lawyer that day. Keep doing what you do best – helping people that need your help. It is what we do.

July/August 2012

PRESIDENT ’S MESSAGE….

B Y S T E V E N S . S I E G E L

Officers President: Steven S. Siegel

President-Elect: Stephanie E. Pochop Secretary-Treasurer: G. Verne Goodsell

Board of Governors

John P. Blackburn, AAJ Delegate Richard D. Casey, AAJ Delegate

Clint Sargent, AAJ Governor Terrence R. Quinn, AAJ Governor

Renee H. Christensen Aaron D. Eiesland

Alecia E. Fuller Margo Tschetter Julius

Ryan Kolbeck Brad J. Lee

Michael H. Paulson Timothy J. Rensch Susan M. Sabers Eric C. Schulte

McLean Thompson Kerver T.J. Von Wald

Past Presidents

Immediate Past President Roger A. Tellinghuisen

William J. Holland - Stan Siegel

Joseph M. Butler - John H. Zimmer Carleton R. Hoy - Horace R. Jackson William F. Day Jr. - Vincent J. Protsch

Gale E. Fisher - A. William Spiry Franklin J. Wallahan - Gerald L. Reade

Rick Johnson - David V. Vrooman Terence R. Quinn - Thomas R. Pardy

Charles M. Thompson - David R. Gienapp Gary E. Davis - Gregory A. Eiesland James S. Nelson - Robert J. Burns

Brent A. Wilbur - Steven M. Johnson Glen H. Johnson - William J. Srstka Jr.

Gary D. Jensen - John P. Blackburn Michael W. Day - Michael J. Schaffer

Bruce M. Ford - Nancy J. Turbak Berry Scott Heidepriem – Michael D. Stevens Robert L. Morris II - Richard D. Casey

Jon Sogn – Mark V. Meierhenry Brad Schreiber – Jeff A. Larson Mark Connot – Tina M. Hogue

James Roby - Wally Eklund Michael F. Marlow - Clint Sargent

Michael A. Wilson

Association Office 104 W Spring Creek Dr — PO Box 1154

Pierre, SD 57501-1154 605-224-9292

sdtla@mncomm.com (email) Sara Hartford—Executive Director

The Barrister is published electronically six times a year by the South Dakota Trial Lawyers Association as a service to its membership and as part of its continuing commitment to educate and promote professionalism among trial attorneys. Submissions are welcome. Interested authors should contact Sara Hartford, Executive Director at the above address. Subscriptions of $25 are included in the Association’s annual membership dues. Non-members subscription rate is $50 per year. Statements and opinions in the Barrister editorials and articles are not necessarily those of SDTLA. Publication of advertising does not imply endorsement of products or ser-vices or statements made about them. Add advertising copy is subject to approval by SDTLA. Copy deadlines are February 1, April 1, June 1, August 1 October 1 and Decem-ber 1. Call for advertising rates.

Page 2

July/August 2012 Page 3

Scott A. Abdallah Renee H. Christensen Jeff A. Larson Steven S. Siegel Michael C. Abourezk J. Michael Dady James D. Leach Michael J. Simpson Charles Abourezk Patrick K. Duffy Michael F. Marlow Michael D. Stevens Stephanie R. Amiotte Aaron D. Eiesland Lee C. Kit McCahren Roger A. Tellinghuisen Kenneth E. Barker Gregory A. Eiesland Mark V. Meierhenry Thomas P. Tonner Steven C. Beardsley Bruce M. Ford James S. Nelson Nancy J. Turbak Berry John P. Blackburn Elizabeth M. Frederick Timothy J. Rensch TJ Von Wald Michael D. Bornitz Jay R. Gellhaus James C. Roby Thomas K. Wilka John William Burke Scott N. Heidepriem Susan M. Sabers Michael A. Wilson Michael J. Butler Gary D. Jensen Michael K. Sabers Steven M. Johnson Clint Sargent

$1,800 ANNUAL Michael F. Marlow

Stephanie E. Pochop

$1,200 ANNUAL Kenneth E. Barker John P. Blackburn Aaron D. Eiesland

Gregory A. Eiesland Scott N. Heidepriem

Clint Sargent Michael D. Stevens

Roger A. Tellinghuisen

$1000 ANNUAL Scott Hoy

$900 ANNUAL Gary D. Jensen

Nancy Turbak Berry

$720 ANNUAL Michael A. Wilson

$600 ANNUAL Terry L. Hofer

Margo T. Julius Stephen C. Landon Mark V. Meierhenry

James C. Roby Michael J. Schaffer

Whiting Hagg & Hagg

$500 ANNUAL John W. Burke

Courtney R. Clayborne Terry Pechota

$480 ANNUAL Jon C. Sogn

SDTLPAC is the political action committee of the SD Trial Lawyers As-sociation. Organized in 1987, SDTLPAC contributes to any candidate for a state office who will support fair and equitable legislation to protect the rights of South Dakotans through the preservation of our justice sys-tem. WE THANK THESE CONTRIBUTORS FOR THEIR SUPPORT!

$300 ANNUAL

Charles Abourezk Steven C. Beardsley

Day Morris G. Verne Goodsell Wm. Jason Groves Thomas Johnson

Paul H. Linde Terry Quinn

Thomas Tobin

$240 ANNUAL Richard D. Casey

$200 ANNUAL

Stephanie R. Amiotte Susan M. Sabers

$180 ANNUAL

Brad J. Lee

$120 ANNUAL Kenneth D. Bertsch

Daniel F. Duffy Richard A. Engels Dennis W. Finch

Robert B. Frieberg Alecia E. Fuller Patrick Glover

George E. Grassby Ryan Kolbeck

Michael Paulson Catherine V. Piersol

Haven L. Stuck T. J. Von Wald

$100 & UNDER

Jay Davis George Johnson

SUSTAINING MEMBERS

Sustaining members pay $700 in dues each year, which entitles them to attend the Association’s annual fall seminar, the annual meeting and luncheon and a plaque denoting their sustaining membership status. Our gratitude goes to these members so that the association can continue to sustain funding for an on-going defense of the civil justice system!

Fred J. Nichol Award for Outstanding Jurist

Hon. Ernest W. Hertz – 2000

Hon. Andrew W. Bogue - 2001 Hon. John B. Jones – 2002

Hon. George W. Wuest - 2003 Hon. Marshall P. Young – 2004

Hon. Robert A. Amundson – 2005 Hon. Lawrence L. Piersol – 2006 Hon. Richard W. Sabers – 2007 Hon. Judith K. Meierhenry - 2008

Hon. Tim D. Tucker – 2009 Hon. David R. Gienapp - 2010 Hon. Jack Von Wald – 2011

Hon. John Bastain - 2012

TRIAL LAWYER OF THE YEAR AWARDS

87-88 Terry Quinn 88-89 Greg Eiesland 89-90 Steve Johnson 90-91 Glen Johnson 91-92 Bob Burns 92-93 Gary Jensen 93-94 Joe Butler 94-95 Mark Meierhenry 95-96 Jeff Larson 96-97 Nancy Turbak 97-98 David Gienapp 98-99 Rick Johnson 99-00 Jim McMahon 00-01 Mike Schaffer 01-02 John Blackburn 02-03 William F. Day, Jr. 03-04 Michael Abourezk 04-05 Michael W. Strain 05-06 Patrick Duffy 06-07 Thomas G. Fritz 07-08 Michael J. Butler 08-09 Wally Eklund 09-10 James D. Leach 10-11 N. Dean Nasser, Jr. 11-12 Stanley Whiting

LIFETIME ACHIEVEMENT AWARD Carleton “Tex” Hoy John F. Hagemann Robert C. Ulrich

July/August 2012 Page 4

TOAST OF TRIAL LAWYERS

June 2006 Nancy Turbak

T.F. Martin Travis Jones

Michael Stevens

June 2007 Roger Tellinghuisen

Mike Butler Eric Schulte

June 2008 Sid Strange Jerry Reade Jim Leach

June 2009

Mike Abourezk Alecia Garcia

Scott Heidepriem Shiloh MacNally Doug Cummings

June 2010

Michael DeMersseman Hon. John Schlimgen

Joni Cutler Margo Julius

Scott Abdallah

June 2011 Susan Sabers TJ Von Wald John Murphy Steve Siegel

June 2012

John Blackburn Linda Lea Viken Hon. Mark Smith Ronald Parsons

SexyBack By Marya Tellinghuisen

Recently, McLean Thompson Kerver has become somewhat famous among South Dakota Trial Lawyers for her comment that the Trial Lawyers need to be “more sexy.” She deserves to get credit for that because she hit the nail on the head. I hadn’t thought of it that way until someone quoted her at a meeting I at-tended. Now, I don’t know that all of you are familiar with Justin Timberlake’s number one song “SexyBack” which was a hit for him back in 2006. He describes the song as one he recorded in more of a rock style rather than an R & B style. He was ready to try something new. And it worked. I think what McLean was trying to say is that the Trial Lawyers need to appeal to a younger and perhaps more hip generation of lawyers. When I was in law school over 20 years ago, the Trial Lawyers organization was held in high esteem by law students and young lawyers. What was the appeal? In my opinion, the Trial Law-yers represented what I wanted to be when I practiced law. I wanted to try cases and I wanted to continue to be better at the skill of trying cases. Being a good trial lawyer doesn’t just happen. It takes practice. It takes preparation. And it takes time. One of the things that the Trial Lawyers organization did was give the younger folks an opportunity to rub shoulders with lawyers who were out there trying cases and developing skills we could only yet dream of obtaining. It was an informal mentorship. So, I urge the attorneys who are out there trying cases to attend the seminars and the mixers that your organization has planned. Do not underestimate the power that you have to influence a younger lawyer’s life. They want to talk to you and talk about your cases. They want to get to know you and see what they can learn from you. They are trying to get a glimpse of what makes you tick and why you are so passionate about what you do. Frankly, that’s a lot more sexy than worry-ing about your billable hours or how many depositions you have to take. It isn’t about wins and losses, it is about the art of trying the case. Lend yourself to your organization. Its continued relevance may depend on you. As you often hear, you get back more than you give. Watching a young lawyer blossom is a great gift to the teacher. And, perhaps you will get your sexy back too.

MARK YOUR CALENDARS! SDTLA FALL SEMINAR DEADWOOD MOUNTAIN GRAND HOTEL & CASINO SEPTEMBER 27-28, 2012 SEE PAGES 14-17 for- REGISTRATION DETAILS

July/August 2012 Page 5

July/August 2012 Page 6

Every year at the annual SDTLA meeting, the SDTLA members grant a “Trial Lawyer of the Year” award to honor one of their own who has exemplified the mission statement of the SDTLA. By tradition, the lawyer who is receiving this award does not know in advance; instead, the lawyer is treated to a speech in the style of “This is your life… as a lawyer” explaining why he or she was selected for this honor. No landmark verdict is necessary to be considered for this acknowledgement, and political connections and standing are irrelevant. The SDTLA Trial Lawyer of the Year award remains especially inspiring and esteemed because it is based upon honor and service to the cause of preserving the jury system. The recipients of this award remind us that excellent, dedicated service to clients and the Constitution are possible from any law office in the state, regardless of size or location. The 2011-12 SDTLA Trial Lawyer of the Year is Stan Whiting, a solo practitioner from Winner, South Dakota, who has used his experience and in-stincts as a highly decorated Marine Captain to distinguish himself as a soldier for the Sixth Amendment. As described below, Stan has enjoyed a colorful career as a trial lawyer and has tried over 300 jury trials, but it is his unwavering courage as a criminal defense lawyer that distinguishes him in the eyes of his fellow SDTLA members. Throughout his career, Stan has accepted many emotionally wrenching criminal court appointments like marching orders and has battled on the front lines to assure that his clients – regardless of their social standing or the nature of the charges against them – have their due process rights protected. The following speech, most eloquently drafted and delivered by Dean Nasser, the 2010-11 SDTLA Trial Lawyer of the Year, was how Stan found out that he was selected for this honor. At the conclusion of Dean’s presentation, Stan was visibly moved – which is really something for a Marine. When handed his award, Stan said, “I never dreamed – I didn’t think anyone noticed.” Yes, Stan, we did – and all of our Constitutional rights are safer be-cause of your service. Stan Whiting, A Patriot Across the Decades! Dean Nasser: “It is my great honor to announce this year’s recipient of the South Dakota Trial Lawyers Association's “Trial Lawyer of the Year” award. Literally dozens of names of fantastic trial lawyers in all fields – men and women, civil and criminal lawyers, plaintiff and defense lawyers – were brought to the fore, discussed, and carefully considered. We kept coming back over and over to one name for reasons I now wish to explain. A lawyer who represents this noble organization should, himself or herself, inspire us in the manner in which this lawyer represents clients. Part of this is a steadfast determination never to let power, might, money, public opinion, or prejudice overpower one’s client so as to result in injustice. There should be seen in this lawyer the courage, the skill, and the willingness to use the courts to achieve the just and fair treatment of one’s clients whenever necessary, and he or she should possess a state of mind that one’s client always comes ahead of one’s self. This lawyer should reflect the attitude that win, lose, or draw, all he or she could do as an advocate was left on the field -- but that even in the face of insurmountable odds, no client will be left behind (Please remember that phrase as we continue). This lawyer should assume his or her duty of pro-tecting clients, always with gratitude, honor, and support for the jury system and for the judges, justices, magistrates, the juries, and all the court per-sonnel that make justice possible; and, always with the attitude that no matter the result, he or she preserves his or her collegiality, picks himself or herself back up, and heads back in to do it again - and again - and again. This year’s recipient has all these attributes and more. This year’s recipient literally usually works seven days a week and in his spare time, he remains a true student of the law -- reading and re-reading Supreme Court opinions, especially those that touch upon the topic of Constitutional protections in the criminal justice system. He spends his time this way just in case there is a client who needs him to be ready. Fellow lawyers have seen him sick to the point that he was green with illness while he was in need of a heart surgery, and yet he was in court to try a DUI case to get a client vindicated; because he said he would be there, and he does not leave a client behind. Continued on page 7

The 2011-12 Trial Lawyer of the Year Award

By Stephanie Pochop

CIRCUIT COURT JUDGE BASTIAN RECIPIENT OF

FRED NICHOL JURIST AWARD

Page 7 July/August 2012

The South Dakota Trial Lawyers Association presented the Honorable John Bastian with the annual Fred J. Nichol Award for Out-standing Jurist during the Association's annual meeting in Rapid City on June 21, 2012. The award is given to an outstanding trial or appellate judge who possesses unwavering personal integrity and maintains an exempla-ry standard of conduct that enhances the image of the judiciary and reinforces public confidence in the justice system. The judge re-ceiving the award must also show respect and courtesy to the parties, witnesses, jurors, court personnel and attorneys who appear in the Judge’s Courtroom and consistently make decisions that are well reasoned and uphold the integrity and independence of the of-fice. The South Dakota Trial Lawyers Association created this award in honor of the late Judge Fred J. Nichol. Judge Bastain was born in Aberdeen in l950 and graduated from Aberdeen Central High School in 1968. From 1970 to 74 he was in

the Air Force, stationed at Tokyo, Japan. After that, he graduated from SDSU with a B. S. Degree in 1977. In 1982 he graduated from Hamline University School of Law at St. Paul, Minnesota. He was an assistant attorney general from 1984 to 1993 when he was appointed to the Circuit Bench by Governor Walter Dale Miller. He has served as a 4th Circuit Court Judge since. Judge Bastian is married to Jana Timmer and they have two daughters, Ellen and Hannah. He enjoys the Japanese language, opera, old Lawrence Welk shows and golfing.

Whiting continued from page 6…. He is a lawyer that judges call upon to represent clients charged with heinous crimes, on cases which are so unpopular and difficult that other lawyers shy away. This lawyer unflinchingly accepts court appointments and views each one as another opportunity to protect someone’s Constitutional rights. This year’s recipient has several flaws as a lawyer – and he knows it. He becomes exceedingly emotionally involved with his clients’ causes, even (or perhaps especially) in Court. He fights as furiously in the courtroom as if he were on a battlefield. He sometimes infuriates opposing counsel and even judges while trying to “protect the record.” His colleagues relate that this lawyer has been in many close calls with other lawyers who wanted to punch him in the courtroom because he won't give an inch when he believes in his cause. Yet, no matter how bitterly he has battled with opposing counsel in the courtroom, those same opposing counsel who label him "maddening" and a "bulldog" have almost all hired him to represent themselves or their families - for which he has generally refused a fee. And those judges who have had to deal with his zealous courtroom conduct – they also repeatedly seek him out for the most difficult court appointments. They know this lawyer always represents his clients with diligence and heart. Despite his vast experience, this lawyer charges the same hourly rate as most new lawyers – and he frequently discounts his fee even then. Even when other lawyers express disbelief (and even frustration) that he does not charge more for his time, he refuses to raise his rates to be “competitive” because he believes that legal fees should be both fair and affordable. He often works without any retainer and knows full well that in many cases, he will collect none of the fee he has earned. This lawyer comes by the warrior mentality and his strong motivation to help others in times of peril naturally. He is a Vietnam Veteran Marine fighter pilot who flew over 400 fighter pilot missions. He was shot down, parachuted into a tree, was recovered – and got back into the cockpit to fly more missions. He is one of America’s most highly decorated Vietnam Veterans. Perhaps that is where he learned never to leave anyone behind. After Vietnam, his patriotism continued as he turned to fighting to protect our freedoms in our courts. This lawyer has tried over 300 jury trials (in fact, he doesn’t really keep track anymore) as well as countless other trials hearings and causes ranging from civil cases, criminal defense, domestic rela-tions, prosecutions, municipal representation, and even traffic tickets and small claims. He has also dedicated his time and service as a prosecutor in the Sicangu Oyate Bar, which is the Rosebud Sioux Tribal Court system where he is both a licensed bar member and an enrolled tribal member - a reflection of our great and proud South Dakota judicial heritage. He is a staunch supporter of SDTLA, the judicial system, and the underdog. He has made time to attend almost every SDTLA CLE offered and has served as a Governor of this organization. He is a solo practitioner in Winner, South Dakota. He is the former law partner of Bill Day, Jr. and Micky Grossenburg. He has been the employer of the most loyal legal assistant anywhere for more than 20 years, Penny Faladene. Most importantly, he is the beloved loving and caring husband of his beloved wife, Alyson, and the devoted and proud father of Quentin and Curtis. Is this someone you can admire? Please help me to proudly give a justly due – and over-due – honor to a real South Dakota Trial Lawyer of the Year – this year and always: Stan Whiting. Stan, you might have thought no one noticed what you have been doing all these years … but we did!”

Page 8 July/August 2012

SOUTH DAKOTA TRIAL LAWYERS ASSOCIATION Board of Governors

Meeting Minutes Rapid City

June 20, 2012

In attendance: Roger Tellinghuisen, Steve Siegel, Stephanie Pochop, Mike Wilson, Clint Sargent, Terry Quinn, John Blackburn, Verne Goodsell, Alecia Fuller, Ryan Kolbeck, Dean Nasser, Aaron Eiesland, Margo Julius, McLean Thompson Kerver, Susan Sa-bers, Brad Lee, Tim Rensch and Sara Hartford. Law Student Liaison Melinda Folkens was also in attendance. A quorum of board members was present. President Tellinghuisen called the meeting to order with a welcome to Law Student Liaison Melinda Folkens and the introduction of the board members. Quinn made a motion to approve the May 9 minutes as presented, Wilson seconded. Motion unanimously carried. Sargent gave a report regarding the discussions he had with Dean Geu regarding USD Trial Team funding from SDTLA and pre-sented a letter from Dean Geu. The Board again discussed the original intent of providing funding to USD for the trial program that involved 2Ls. Goodsell made a motion to inform the Law School that we would be open to receiving a proposal for the grant funds from them that proposes the use for SDTLA funds, Sabers seconded. Motion carried. Pochop gave the Year End budget report. Account balances are as follows: $9,714 in Operations, $209 in savings, $25,077 in the Reserve Fund and $47,981 in the PAC fund. She also presented the draft budget proposed for FY 12-13. There was discussion. Quinn made a motion to approve the draft budget, Sargent seconded. Wilson made a friendly motion to remove the Law School funding line item for now, Sargent seconded. Motion carried. Under old business, Thompson Kerver, Fuller and Folkens asked for volunteers to conduct the mock trial during 1Ls orientation week at the USD Law School on August 16. Quinn reported the fall seminar is being planned for September 27-28 in Deadwood for two half days with a banquet in the evening. Speakers and topics to be announced soon. Announcements: Hartford announced the Board will be seeking a Barrister editor via the listserv. The Board of Governors planning retreat to discuss SDTLA’s goals and purposes will be held in Pierre on November 16. The next Board meeting is July 19, 2012 by conference call 11:00 am CENTRAL/10 am MOUNTAIN. The meeting adjourned.

July/August 2012 Page 9

Law School Times By Melinda Folkens

SDTLA Law Student Liaison

I hope everyone is enjoying this heat! I want to start off my first article by thanking the SDTLA Board of Governors for giving me the opportunity to be the USD Student Liaison. I have already learned so much and have met some great peo-ple. I am excited to see what the rest of the year has in store. Because there is not a lot going on at the law school over the summer, I wanted to provide a quick recap of last year, as well as a preview of things to come. I contacted each of extra-curricular organizations and received a summary from each of them. ADR Board: The Alternative Dispute Resolution (ADR) Board had a very successful 2011-2012 school year. In the fall, three teams were sent to Minneapolis to compete in the ABA Negotiation Tournament. We had two teams finish in the top 10 in this competition. In the spring, the Board competed in two competitions. The ABA Client Counseling Tourna-ment took place in Omaha, and two teams were sent to compete. One of the teams made it to the semi-final round, a great success that they hope to build on this upcoming year, as they will be competing together again. Two teams were also sent to Texas to compete in the Mediation Tournament. Adding to the year's successes, one of the teams made it to the final round. In addition to regional competition participation by Board members, the ADR Board hosted a 1L Negotia-tion Tournament in the fall and a 1L Client Counseling Tournament in the Spring. Both tournaments had record numbers of participants, with judges praising student participants on their knowledge, preparation, and growth throughout the competition. This upcoming year includes plans to compete in Regional Negotiation and Arbitration Tournaments in the fall and Client Counseling and Mediation Tournaments in the Spring. The 1L Negotiation and Client Counseling Tournaments will also take place to help increase awareness and knowledge of Alternative Dispute Resolution amongst incoming students. The ADR Board is excited to announce six new members for the upcoming school year. They are: Shane Andrews, Trent Arlint, Kassie McKie, Christopher Olson, David Stoos, and Emily Swanson. The ADR Board also selected Officers for the 2012-2013 school year. They are: President - Kelsey Bauerly, Vice-President - Melinda Folkens, Secretary - Kassie McKie, Treasurer - Christopher Olson, Fall Intra-School Competition Director - Carmen Evenson, Spring Intra-School Competition Director - Tamara Nash. (Submitted by Kelsey Bauerly, President)

Law Review: Last school year, the South Dakota Law Review Volume 57 produced three outstanding issues. Issue three revolved around the highly successful symposium topic--Government Speech. The Law Review also honored Car-leton R. "Tex" Hoy at the annual Wine Review. Volume 57 has made an outstanding contribution to the South Dakota legal community. The South Dakota Law Review welcomes the new Board of Editors for Volume 58: Eric Cleveringa (Editor-in-Chief); AJ Franken (Note and Comment Editor); Steve Iverson (Lead Articles Editor); Eric Davis (Managing Editor); Nathan Chi-coine (Symposium Editor); Amanda Breemes (Production Editor); Vailferree Brechtel (Copy Editor); Brittany Hatting (Copy Editor); Andrew Twinamatsiko (Copy Editor). Additionally, these outstanding writers have been selected as Staff Writers for Volume 58: James Bain; Beau Barrett; William Conway; Paul Coppock; Katie Dahlseng; Michael Haddock; Jonathan Heber; Ashley Hoffman; Brendan "Bo" Pons; Michael Snyder; Kelsea Sutton, Paul Van Olson. The South Dakota Law Review Volume 58 looks forward to an exciting year. First, the annual Wine Review will honor James S. Nelson of Gunderson, Palmer, Nelson & Ashmore, LLP. This fun event will take place at the Journey Museum, Rapid City, SD, on October 18, 2012. Next, the South Dakota Law Review Symposium will cover an extremely pertinent and applicable topic to South Dakota and the region--Antitrust and Competition in America's Heartland. The symposium will take place at the University of South Dakota School of Law, Vermillion, SD, on March 15, 2013. Finally, Volume 58 will cover a variety of gripping topics in the other scheduled issues. Make sure to get your issues of Volume 58 so you don't miss out. Subscription inquiries, or other questions should be directed to lawrev@usd.edu. (Submitted by Eric Cleveringa, Editor-in-Chief) Moot Court: During the 2011 – 2012 school year, ten Moot Court teams participated in seven tournaments. Highlights included four teams advancing into later rounds, individual awards, and two teams receiving awards for their brief writing skills. The Board also administered the annual Sam Masten Intra-school Moot Court Tournament in which eighty-eight first year students participated.

Continued on page 11

VIEW FROM THE OTHER SIDE - HOW TO KEEP YOUR LEGAL ASSISTANT/SECRETARY HAPPY AND PRODUCTIVE

Valerie Winegar, Certified Legal Assistant

Margaret Geertsema, Legal Secretary Lynn, Jackson, Shultz & Lebrun

1. Watch deadlines - and prepare as much as possible BEFORE the due date. Rush projects are the name of the game in

law offices, but not EVERYTHING needs to be one.

2. Don’t wait until 30 minutes before I’m to leave for the day to hand back projects I gave you earlier in the day – especially if I

still need to finalize them or get them in today’s mail.

3. When you take something from a file, put a Post-It note in that spot - or ask me to make a working copy for you. It saves a

lot of time when re-filing documents.

4. Give me some challenging projects, too – not just the “no-brainers”.

5. If you have a time-frame in mind on projects you give me – TELL me. I might not realize your schedule so end up starting

another project first.

6. Keep on top of entering your time!! Do time entries daily. Don’t wait until the last day to try to recreate an entire month -

it’s guaranteed you’ll lose billable hours that way – and it certainly creates last-minute frustrations for me.

7. When dictating, speak clearly, keep background noises at a minimum, and spell out any unfamiliar names. Start by giving

me the file name and number (if known) and to whom the correspondence is being sent. (Remember, the same individual

may be involved in multiple files.) When finished dictating, tell me. A simple, “that’s all” lets me know I’m done.

8. When dictating, please only dictate one or two “letters” - then download those and resume dictating. Later, if you tell me

there’s a rush project somewhere in your dictation, it makes it MUCH easier – and faster – to locate. Besides, those letters

I had to skip over to find the one rush project will require me to go back and re-locate them later.

9. WHEN APPROPRIATE – give me an occasional compliment or a simple thank you – BUT MEAN IT!! It makes all the dif-

ference in the world.

10. As much as we all like “friends,” please remember - first of all - you’re my “boss.” Frankly, there are some things about the

running of the office I just should not know.

11. Please remember that the rule of confidentiality also applies to you - not just to me or other staff. When I share information

privately with you, please keep it that way. I’ll do the same with what you tell me.

12. Tell me when you are leaving the office and when you expect to be back. I don’t need to know the reasons, just give me an

idea of when to expect you back.

13. Tell me how much information you want me to share – whether to co-workers or clients. Some attorneys have wanted eve-

rything kept on a “need to know” basis while others didn’t care. For example, do you want others to know you’re on vaca-

tion – or working from home – or with clients – or [whatever]?

14. When giving me a project, fill me in upfront on where you anticipate this project will lead. AFTER I’ve put in several hours

on what I “thought” you wanted is NOT the time to explain what you really meant!!

15. While I’m open to an occasional assist with your personal projects, mailing labels, etc., please don’t abuse that.

16. When you have an upcoming project, help me anticipate the supplies we’ll need so they can be ordered ahead of time and

we’re ready to roll.

17. Especially if you’re sharing me with other attorneys in the office, please play fair with my time as I am expected to equally

assist each of you. Be realistic when setting project priorities. EVERYBODY’s first priority can’t be No. 1!!

18. Please treat me like the professional I am – and I’ll bend over backwards to make YOU look like the professional YOU are.

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July/August 2012 Page 11

View from the Other side continued from page 10

9. Utilize my strengths. If I’m proficient in Excel, allow me to do your spreadsheets. If I’m good at organizing, let me assist you

with keeping your office organized. If I’m good at proofreading, give me your briefs to review.

20. Please remember: we’re on the same team! We both want to be proud of the work that goes out the door with our name or

initials attached to it.

21. COMMUNICATE! Acknowledge me when you arrive in the morning. It’s maybe only a “morning” rather than a “GOOD

MORNING!” kind of day - but say something as you walk by. If you’re having a bad day, TELL me you’re having a bad day

and to not take it personally. Please don’t take your bad day out on me!!

22. When making your own appointments, make sure I know as well. This prevents doubling up on your appointments.

23. When you are finished with a file, let me return the file to its respective cabinet instead of keeping it in your office. Having all

the files in one place makes filing more efficient.

24. Establish a time once a week to sit down with me to review your case load and review the next week’s activities and

deadlines.

25. ENJOY WHAT YOU DO!!! Life goes by just as fast whether you’re doing something you love – or hating every moment of it.

This is the No. 1 way to make me – and the rest of the staff – happy and content.

Law School Times continued from page 9

The upcoming school year will begin with a fall retreat focused on improving brief writing and oral advocacy skills. The Moot Court Board is looking forward to an exciting list of tournaments planned for this fall. Moot Court Board members will be attending the Emory Civil Rights Tournament, John Marshall Information Technology and Privacy Tournament, the Wechsler First Amendment Tournament, and are especially excited to host the regional qualifier for the New York National Moot Court Tournament November 8th – 10th in Sioux Falls. (Submitted by Eric Erickson, President)

Trial Team: The USD trial team is excited and honored to announce that it has been selected to compete for the first time in two more prestigious national fall trial tournaments: 1) the Puerto Rico National Trial Advocacy Competition in October; and 2) the Buffalo/Niagara National Trial tournament in November. In each case, USD was selected to have the honor of competing from among scores of interested schools. USD is seeking to build on its 2011-12 successes, which included 29 3L students competing on 10 teams in 7 national tournaments. Performance highlights included head-to-head victories over such top trial advocacy schools as Texas, NYU, Georgetown, and St. John’s, and a fourth place fin-ish in Professionalism at the elite National Ethics Trial Competition, where USD competed against teams from 15 of the top trial programs in the country. (Submitted by Professor Thomas J. Horton)

As we begin the next school year on August 20, USD will be welcoming around 60 first-year students. Like in previous years, SDTLA will be hosting a mock trial for the first-year students during orientation, on August 16. I recall the mock trial as being the only thing during orientation that did not scare the daylights out of me and make me want to quit school before I even started. I hope we provide a similar, relaxing experience to the incoming class this year.

I encourage you to try to visit the law school at some point during the school year. Whether you come to attend an event the school is hosting, to attend the Supreme Court session in March, or to judge the intra-school competitions put on by the ADR Board (Fall and Spring) and Moot Court Board (Sam Masten in the Spring), we would love to see you. From a student perspective, we really appreciate having practitioners at the school giving us feedback on our various education-al and career concerns. If you have any questions about what is going on at the law school, I would be happy to answer them. I can be reached at Melinda.Folkens@usd.edu. I look forward to meeting you throughout the school year!

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SOUTH DAKOTA TRIAL LAWYERS ASSOCIATION Board of Governors

Conference Call Minutes July 19, 2012

ON the call: Steve Siegel, Stephanie Pochop, Verne Goodsell, Dick Casey, Aaron Eiesland, TJ Von Wald, Margo Julius, Alecia Fuller, Ryan Kolbeck, Brad Lee, McLean Thompson Kerver, Renee Christensen, Michael Paulson and Sara Hartford. Law Student Liaison Melinda Folkens was also on the call. A quorum of board members was present. President Siegel called the meeting to order with a warm thank you to Immediate Past President Tellinghuisen for an outstanding job and the introduction of the board members. Julius made a motion to approve the June 20 minutes as presented, Pochop seconded. Motion unanimously carried. Hartford gave the Treasurer’s Report. Account balances are as follows: $54,220 in Operations, $209 in savings and $25,078 in the Reserve Fund. FY 11-12 ended in a deficit of $1231 after annual meeting bills were paid. The PAC has $50,864, which will be dispersed in September for the current election cycle. Under old business, Thompson Kerver, Fuller and Folkens reported the mock trial during 1Ls orientation week at the USD Law School on August 16 is fully cast. There will be a board meeting prior to the mock trial at 11 am with lunch served; location to be announced. Under new business, Fuller & Kolbeck asked the board for consideration of a reduced rate for public attorneys to at-tend the fall seminar. There was discussion. Von Wald made a motion for SDTLA member public attorneys to attend this fall seminar for $100 and non-member public attorneys for $150, Kolbeck seconded. Motion unanimously car-ried. Casey suggested the board conduct a short quick survey of the membership to get their input about seminars and membership. Lee & Von Wald will draft survey questions and report back. Hartford asked the board for input regarding a judicial membership category for SDTLA. There was discussion. Pochop made a motion to create a separate membership category for any judge in South Dakota whether federal or state for $100, Casey seconded. Motion unanimously carried. Hartford will have updated bylaws to reflect the new category at the August 16 meeting for approval. The next Board meeting is August 16, 2012 at 11a.m. CENTRAL in Vermillion location TBA. The meeting adjourned.

NOTE LISTSERV ADDRESS CHANGE….

Do you have a general question?

Use SDTLA’s listserv to ask questions and search

for information from other members!

Send your inquiries to listserv@ls.sdtla.com

(new address above)

July/August 2012 Page 14

2012 Fall Seminar September 27-28, 2012

Deadwood Mountain Grand Hotel & Casino

50 Shades of a Case MODERN TRIAL TECHNIQUES

CLE credits applied for North Dakota, Wyoming, Montana, Nebraska & Minnesota

Dear SDTLA Members: I personally want to invite you to the “best of the best” seminar you may ever have the opportunity to attend in SD. The Agenda is great; the speakers are awesome. The outstanding lineup of Faculty members will be presenting topics that address the basic practice of law to the most advanced, new and innovative methods of communicating your case to those who count. Faculty: Russ Herman, former ATLA President, New Orleans----Closing Argument

and featured banquet speaker Phillip Miller, super trial attorney and trial consultant----Nashville, TN…Tearing your case down and rebuilding it Rachel Montes, excellent trial attorney and sought after national speaker, Dallas, TX…..the art and use of Psychodrama David Bossart, international speaker and trial attorney and co-founder of Winning Works, Fargo, ND and Phoenix, AZ-----Coping with trial stress

You will have the opportunity to mingle with faculty and friends at a past presidents reception on Thursday evening prior to a wonderful Banquet. This year, the seminar will be held at the new Deadwood Mountain Grand Hotel beginning on Thursday, Sept. 27th at 1pm and ending at 5pm with the reception and banquet following. On Friday, September 28th the seminar will begin at 9am and end at noon. I cannot stress enough the importance of this seminar. Good attendance means good seminars. Don’t miss this one. You will regret it. For those of you that wish to stay for the weekend, there is no better time of the year to enjoy the beauty of the Black Hills and it’s Fall splendor. Bring your family and friends. SEE YOU IN DEADWOOD, Terry Quinn

Agenda Thursday, September 27, 2012 12:30 p.m. Registration and coffee – DMG Hotel meeting room 1:00 p.m. SDTLA Welcome – Steve Siegel, President 1:05 p.m. Building a Theme for Your Case by Tearing it Down Phillip Miller, Nashville, TN 2:30 pm Networking Break 2:45 pm Finding Balance In Your Life and Practice David Bossart, Fargo, ND 4:00 pm Closing Argument Russ Herman, New Orleans, LA 5:00 p.m. Adjourn 6:00 pm Past President’s Reception, VIP Terrace (outside/weather permitting) 6:30 p.m Networking Banquet

Russ Herman, Keynote Speaker – DMG Hotel Meeting Room

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Friday, September 28, 2012 9:00 a.m. The Art and Science of Psychodrama

Hands-on Practice Workshop Rachel Montes, Dallas, TX and other Psychodrama instructors to be named 10:30 a.m. Networking Break Noon Adjourn

REGISTRATION INFORMATION: Registration fees cover two half-day seminars with course materials, evening President’s reception followed by the banquet. REGISTRATION FEES: ____ Comp Sustaining members* ____ $175.00 members over 3 years in practice ____ $150.00 members less than 3 years in practice ____ $100.00 Public attorney members ____ $150.00 Public attorney Non-members ____ $250.00 non-members less than 3 years in practice (includes 6 mo membership) ____ $325.00 non-members over 3 years in practice (includes 6 mo membership) ____ $50.00 Legal Support Staff, USD Law Students ____ $100.00 Legal Support Staff non-member ____$65.00 Guest for Past Presidents Reception and banquet only *must pre-register ____ I need on site sitter services for # _____ children – ages ____________________________________ _____________________________________________________________________________________________ ACCOMODATIONS: Rooms can be reserved by calling the Deadwood Mountain Grand Hotel at 1-877-907-4726 www.deadwoodmountaingrand.com and ask for reservations in the SD Trial Lawyer Association block. The SDTLA rate for King Deluxe is $99.00/night plus tax. The SDTLA room block will be released on August 26th so call today! Please photocopy and use a separate registration form for each registrant. Return this form and the appropriate fees to: SDTLA Office PO Box 1154 Pierre, SD 57501-1154 If you have questions, call (605) 224-9292. Name_________________________________________________________ Address_______________________________________________________ City_____________________State_______Zip_______ Telephone____________________________________ EMAIL _______________________________________ REGISTER ON-LINE by sending an email message with the above information to sdtla@mncomm.com. Please send your registration fee by mail to SDTLA, PO Box 1154, Pierre, SD 57501-1154.

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FACULTY: Phillip Miller is a trial lawyer and trial consultant based in Nashville, Tennessee. He is past the President of the Tennessee Association for Jus-tice. His firm has been recognized by Martindale-Hubbell as one of the “Pre-eminent firms in the United States”, and he was recognized by the Nashville Business Journal as one of the “Best of the Bar”. Phillip is Av rated and has tried some 48 personal injury jury trials to a verdict. He has been certified and recertified as a specialist 3 times. During the last 30 years before the bar, Phillip has written, published, and presented papers on trial practice from California to Florida. He has been published in Trial, The American Journal of Trial Advocacy, and in trial lawyer publications in 8 states and three Canadian provinces. He has been a repeat speaker at programs including Harvard University and the National Judicial College and has been an invited speaker at programs nationwide. As a significant part of his practice, Mr. Miller is frequently hired by other firms as a trial consultant to help them prepare and re-frame their biggest, most significant cases and conduct focus groups for them to test their strengths and weaknesses. The American Association for Justice Trucking Litigation Group and Nursing Home Litigation Group have both used Phillip to help demonstrate focus group deliberations in real cases he helped prepare. Firms in Michigan, Alabama, Illinois, Wisconsin, Minnesota, Texas, Idaho, Kansas, Oregon, Kentucky, California, Tennessee, and Mis-souri have used Mr. Miller to help them recover 100 millions of dollars over the last 10 years for their injured clients. David R. Bossart is a plaintiffs’ trial lawyer, with over 46 years experience in private practice. He was born and raised in North Dakota. He is a graduate of the University of North Dakota, having received his Juris Doctor Degree in 1965. He has been designated a Diplomate of Trial Advocacy by AAJ, formerly the Association of Trial Lawyers of America, since June 1994, which is one of its highest awards. He has been a member of AAJ since May of 1974 and has served on the AAJ Board of Governors for 22 years. He has lectured nationally in the field of trial advocacy, and is a faculty member for the National College of Advocacy, which is the teaching arm of the Association of Trial Lawyers of America. David has been teaching trial lawyers on both the state and national level for over 30 years. He has been a Fellow in both the American College of Trial Lawyers, which is limited to the top 1% of trial lawyers in the country since 1988, and the International Academy of Trial Lawyers, which is limited to the top 500 trial lawyers in the country, since 1994. He is an advisory board member to APITLAmerica, the Association of Plaintiff Interstate Trucking Lawyers of America who represent people in-jured or killed by semi truck and trailers. He is a founding member and past president of the North Dakota Association for Justice (1986-87). David received the Light of Justice Award from the North Dakota Association for Justice on May 10, 2012, which is the highest award the associa-tion gives. It has only been given to seven individuals in the 36 year history of NDAJ. He has been listed in the book, Best Lawyers in America, by Woodward/White representing injured parties since 1987 and was selected by Best Lawyers® as Lawyer of the Year 2012, for Plaintiffs Personal Injury Litigation, Fargo, North Dakota. He is also a nationally known trial consultant for plaintiff trial lawyers only, and is one of the founding principals of Winning Works™ (www.winningworks.com). He is also a member of the American Society of Trial Consultants. He has consulted with plaintiff trial attorneys in lawsuits against tobacco com-panies, and is currently consulting with plaintiff trial attorneys in class action lawsuits against insurance companies. David Bossart is and has been actively involved in helping plaintiffs’ trial lawyers put their cases together in such a way so as to give the lawyer and the client the best possible chance of winning with today’s jury. RUSS HERMAN is a Senior Partner in the firm of Herman Herman & Katz LLP of New Orleans, Louisiana. He graduated from Tulane University with a B.A. Degree and L.L.B. in 1966. In 1977, he was chosen “Outstanding Trial Lawyer” by the Louisiana Trial Lawyers Association, and was LTLA President in 1980-81. He has authored over 200 articles, papers and books in various aspects of Civil Trial Practice and has been published in various works including Am Jur; Trials; Shepard's/McGraw Hill; The National Business Institute; Trial Magazine; The Forum; and Personal Injury Annual by Matthew Bend-er. Mr. Herman has served on the faculty of the Practicing Law Institute - The National College of Trial Advocacy and has lectured at Tulane, L.S.U., Loyola, Georgetown, Hastings and other law schools. Mr. Herman served as President of the (ATLA) Association of Trial Lawyers of America (1989-1990); President of the Civil Justice Foundation (1987-1988); and President of the Roscoe Pound Foundation (1991-1993). He is a Diplomate of the American Board of Professional Liability attor-neys; a Diplomate of the National College of Advocacy, a Fellow and Director of the International Academy of Trial Lawyers, a member of the American Board of Trial Advocates (ABOTA),a Fellow of the International Society of Barristers, a Barrister of the American College of Barristers. In July of 2001, Mr. Herman was selected for The Leonard M. Ring Champion of Justice Award, which is the highest honor bestowed by ATLA. He has also received the ATLA Lifetime Achievement Award (1999) and the Joe Tonahill Award (1998); Pursuit of Justice Award (American Bar Association Tort Trial & Insurance Practice Section (TIPS) 2005). Mr. Herman has been selected for listing by Naifeth and Smith in their book “Best Lawyers in America” in Personal Injury, Maritime, Complex Liti-gation and Appellate Trial Practice areas. He is the author and performer of ATLA’s best selling, 6-Volume Video Trial Practice Series, “Courtroom Persuasion: Art, Drama & Science” and a 443-page book by the same title published by West Group, Clark Boardman Thomson and ATLA Press and is the author for West Group’s two-volume series Louisiana Personal Injury. The National Law Journal named Mr. Herman as one of Louisiana’s top ten litigators and the American Law Journal highlighted Mr. Herman in its June 1999 issue, and Fortune Magazine featured his litigation accomplishments in the July 3, 2000, issue.

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In April 2003, the Third Edition of Chamber’s USA “America’s Leading Business Lawyers” (2003-2004) listed Mr. Herman as the leading individual trial lawyer in Louisiana in General and Commercial Litigation and he has been listed in the top tier lawyers con-tinuously. Peer comments from 2004 through 2009 have described him thus:

2004 - “Extraordinarily talented” Russ Herman - was singled out for his trial skills”; 2005 - “Russ Herman’s “tenacity personified” in the eyes of commentators”;

2006 - “Is phenomenal in Court” which sees him involved in a great deal of national litigation cases”; 2007 - “Hugely amicable personality before juries. A “star” both at the Bar and in his firm”. Best Lawyers In America continuously since 1st publication in 1983 - “Personal Injury”; “Maritime”; “Complex Litigation”; and “Appellate Practice”; 2009 - “As tenacious as a Bulldog”; “Smart and Highly Able”.

In 2004, a jury returned a $591,000,000 verdict in Scott v American Tobacco, et al. (96-8461, Orleans Parish, Civil District Court). Mr. Herman was lead trial counsel in this case. Mr. Herman is Court Appointed: Liaison and Lead Counsel in In Re: Propulsid: MDL 1355 case; Liaison Counsel and Member of PSC Executive Committee in In Re: Vioxx: MDL1657; Appointed as Liaison Counsel In Re: Chinese Drywall: MDL 2047 . Mr. Herman as Liaison Counsel and lead negotiator, was successful in concluding a $4.85 billion dollar settlement with Merck. Since 2005, Mr. Herman has been selected from over 15,000 nation-wide nominees as one of American’s 500 Leading Lawyers and Jurists by “Lawdragon” publications and since 2005 , as one of America’s Top 500 Litigators. From 2007 to date, he was se-lected by “The Legal 500" as one of the 500 top litigators in the country. In December 2007, was selected by Lawyers’ Weekly, USA as “Lawyer Of The Year”. In 2008-2009 was selected as one of the “Top 100 Trial Lawyers” in the country by the American Trial Lawyers Association. In 2009, The Federal Bar Association (EDLA) selected Mr. Herman to receive the John R. Martzell “Professionalism” award. The selection committee was composed of Federal Judges and lawyers.

In November 2009, Russ was named the Best Lawyers’ 2010 New Orleans Personal Injury Litigator of the Year. Mr. Herman’s most recent publication: Courtroom Persuasion II, Winning with Art, Drama and Science, 653pp was released by West Group on March 28, 2010. On April 22 -23, 2010, Russ was honored at the Induction Ceremony of The American Trial Lawyer Hall of Fame during the Mass Torts Made Perfect Seminar with Clarence Darrow, John Adams, Jerry Spence, Justice Thurgood Marshall, Morris Dees, Fred Levin and others. On October 22, 2010, The American Law Litigation Daily named Herman, National Litigator of the Week. On June 1, 2011, the national peer review journal, Legal 500, named Herman one of five tier one lawyers in Mass Torts and Class Actions···he was described by peers as an “outstanding trial lawyer and leader in all matters”.

In the Fall of 2011, Mr. Herman was appointed an Advisor to The New Orleans Health Authority and in January 2012, an Advisory Counsel of “Super Lawyers”. A veteran Dallas trial lawyer, Rachel Montes has one goal in mind when she begins work for a new client, simply to level the play-ing field. This approach to dealing with negligent individuals and big business has earned Montes the respect of her peers and the gratitude of people and their families who have suffered injuries or loss at the hands of others. Ms. Montes has had the privilege of representing many families who have lost loved ones or suffered life-changing injuries, and she has enjoyed a successful history of fighting for people victimized by trucking negligence, fraternity hazing, insurance bad faith claims, defective products, wrongful death and workplace negligence. She returns to Deadwood for SDTLA with her Psychodrama Skills Part II.